The Salience of Salt Water: An ITLOS Advisory Opinion at the Ocean-Climate Nexus

Abstract

As the Commission of Small Island States on Climate Change and International Law has communicated its request for an advisory opinion to the International Tribunal for the Law of the Sea (ITLOS), the Tribunal finds itself in a unique position to interpret the law of the sea in light of pressing, global challenges. This article explores how the ITLOS advisory opinion could support international efforts to combat climate change and ocean acidification, and encourages an evolutionary and mutually supportive interpretation that integrates the law of the sea with international legal systems concerning climate change, human rights, and biodiversity. Despite its non-binding character, the effects of this advisory opinion would then by no means be negligible. By embracing its judicial function, ITLOS could therefore – within the boundaries of the prevailing legal framework – offer guidance on climate change and ocean acidification that is backed up by the authority of the law.